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Case TitleRashid El Malik v. Department of Veteran Affairs et al
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2019cv09471
Date Filed2019-11-04
Date Closed2020-07-08
JudgeJudge Philip S. Gutierrez
PlaintiffRashid El Malik
Case DescriptionRashid El Malik, a disabled Vietnam vet, sued the Department of Veterans Affairs for injuries he received during treatment. El Malik submitted a FOIA request to the Department of Veterans Affairs for records concerning an alleged disclosure of his personal information by the agency. After hearing nothing further from the agency, El Malik filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantDepartment of Veteran Affairs
DefendantDOES 1-5
DefendantDOES 1-5
TERMINATED: 04/09/2020
DefendantWoodrow Anthony Roeback
DefendantLaura Georgi
DefendantMichael D Lyon
DefendantChristopher Murray
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-11-041COMPLAINT filed by Plaintiff Rashid El Malik against Defendant Department of Veteran Affairs. Case assigned to Judge Philip S. Gutierrez for all further proceedings. Discovery referred to Magistrate Judge Gail J. Standish. (Filing fee $ 400) Jury Demand. (Attachments: # 1 CV71) (jtil) (Entered: 11/07/2019)
2019-11-042NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Gail J. Standish. (jtil) (Entered: 11/07/2019)
2019-11-043NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 11/07/2019)
2019-11-04460 DAY Summons Issued re Complaint - (Discovery), 1 as to Defendant Department of Veteran Affairs. (jtil) (Entered: 11/07/2019)
2019-11-075STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji) (Entered: 11/07/2019)
2019-11-076SEALED - MOTION TO PROCEED TO FILE APPLICATION WITHOUT PREPAYING FEES OR COURT COST filed by plaintiff Rashid El Malik. (bm) (Entered: 11/12/2019)
2019-11-137MINUTES (IN CHAMBERS) Order Denying Motion [Docket 6] by Judge Philip S. Gutierrez: Accordingly, the Motion is DENIED. (see document for further details) (bm) (Entered: 11/20/2019)
2019-12-098PLAINTIFF RASHID EL MALIK REQUEST FOR PRODUCTION OF DOCUMENTS OR THINGS filed by plaintiff Rashid El Malik. (bm) (Entered: 12/16/2019)
2019-12-129APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Rashid El Malik. (bm) (Entered: 12/17/2019)
2019-12-1910EX PARTE APPLICATION to Extend Time to File Answer to 3/3/2020 re Complaint - (Discovery), 1 filed by Defendant Department of Veteran Affairs. (Attachments: # 1 Declaration of Margaret M. Chen, # 2 Proposed Order, # 3 Proof of Service) (Attorney Margaret Ming Chen added to party Department of Veteran Affairs(pty:dft)) (Chen, Margaret) (Entered: 12/19/2019)
2019-12-1911Proof of Service by Mailing filed by Defendant Department of Veteran Affairs re: EX PARTE APPLICATION to Extend Time to File Answer to 3/3/2020 re Complaint - (Discovery), 1 10 (Chen, Margaret) (Entered: 12/19/2019)
2019-12-2012NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service by Mailing 11 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service of Subsequent Document Filings-Proof of Service (subsequent documents). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) (Entered: 12/20/2019)
2019-12-2013ORDER EXTENDING TIME TO RESPOND TO COMPLAINT by Judge Philip S. Gutierrez granting 10 EX PARTE APPLICATION: IT IS HEREBY ORDERED that the time for Defendant to respond to the Complaint is extended up to and including March 3, 2020. (bm) (Entered: 12/23/2019)
2019-12-2714NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND filed by plaintiff Rashid El Malik. Motion set for hearing on 2/24/2020 at 01:30 PM before Judge Philip S. Gutierrez. (bm) (Entered: 12/30/2019)
2019-12-2715NOTICE OF MOTION AND MOTION BY PLAINTIFF TO ADD DEFENDANTS re NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND 14 filed by Plaintiff Rashid El Malik. (bm) (Entered: 12/30/2019)
2019-12-2716ORDER by Judge Philip S. Gutierrez: Denying 9 APPLICATION for Pro Se Electronic Filing. (bm) (Entered: 01/02/2020)
2020-01-0617ORDER by Magistrate Judge Gail J. Standish: the documents listed below were improperly filed for the following reasons: Under Local Rule 26-2, discovery requests are not to be filed unless and until they are in issue in connection with a pending motion, trial, or other matter requiring court resolution; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: Request for Production of Documents 8 . (efc) (Entered: 01/06/2020)
2020-02-0318STATEMENT of of Non-Opposition to Plaintiff's Motion for Leave to File a First Amended Complaint and Request Regarding Response Deadline NOTICE OF MOTION AND MOTION to 14 filed by Defendant Department of Veteran Affairs. (Attachments: # 1 Proof of Service)(Chen, Margaret) (Entered: 02/03/2020)
2020-02-1019MINUTES (In Chambers): The Court GRANTS the motion for leave by Judge Philip S. Gutierrez granting 14 MOTION to Amend/Correct: The Court GRANTS Plaintiff's unopposed motion for leave to amend. The Court also GRANTS Defendant's request that its deadline to respond to the first amended complaint be the later of the current filing deadline, March 3, 2020, or twenty-one days after the actual filing of the first amended complaint. (see document for further details) (bm) (Entered: 02/10/2020)
2020-03-1020REQUEST for Default Judgment against Defendant Department of Veterans Affairs filed by plaintiff Rashid El Malik. Request set for hearing on 5/11/2020 at 1:30 PM before Judge Philip S. Gutierrez. (bm) (Entered: 03/10/2020)
2020-03-1121Opposition to Plaintiff's Request for Entry of Default Judgment In Opposition to re: REQUEST for Default Judgment against Defendant Department of Veterans Affairs 20 filed by Defendant Department of Veteran Affairs. (Attachments: # 1 Declaration of Margaret M. Chen, # 2 Proof of Service)(Chen, Margaret) (Entered: 03/11/2020)
2020-04-0622RESPONSE TO THE DEFENDANT OPPOSITION TO REQUEST FOR DEFAULT JUDGMENT filed by Plaintiff Rashid El Malik (bm) (Entered: 04/10/2020)
2020-04-0923WITHDRAWAL OF DEFAULT JUDGMENT 20 filed by plaintiff Rashid El Malik. (bm) (Entered: 04/14/2020)
2020-04-0924FIRST AMENDED COMPLAINT against defendants Department of Veteran Affairs, Woodrow Anthony Roeback, Laura Georgi, Michael D Lyon, Christopher Murray; Party DOES (1-5) terminated amending Complaint 1 , filed by plaintiff Rashid El Malik (bm) (Entered: 04/14/2020)
2020-04-2225STIPULATION for Order Extending Time to Respond to First Amended Complaint filed by Defendant Department of Veteran Affairs. (Attachments: # 1 Declaration of Margaret M. Chen, # 2 Proposed Order, # 3 Proof of Service by Mailing)(Chen, Margaret) (Entered: 04/22/2020)
2020-04-2226ORDER EXTENDING TIME TO RESPOND TO FIRST AMENDED COMPLAINT granting Stipulation 25 , by Judge Philip S. Gutierrez: Pursuant to the Stipulation filed by the parties, and for good cause shown, IT IS HEREBY ORDERED that the time for Defendant to respond to the First Amended Complaint is extended up to and including May 15, 2020. (bm) (Entered: 04/22/2020)
2020-04-2927PROOF OF SERVICE filed by plaintiff Department of Veteran Affairs, upon Civil Process Clerk, Department of Veterans Affair, Office of the United States Attorney, Los Angeles, CA 90012, re First Amended Complaint 24 served on 4/27/20. (bm) (Entered: 05/07/2020)
2020-05-0428PROOF OF SERVICE filed by plaintiff Rashid El Malik, upon Civil Process Clerk, Department of Veterans Affair, Civil Process Clerk, Office of the United States Attorney, Los Angeles, CA 90012, re Amended Complaint 24 served on 5/2/20. (bm) (Entered: 05/07/2020)
2020-05-1529NOTICE OF MOTION AND MOTION to Dismiss Case (First Amended Complaint); Memorandum of Points and Authorities filed by Defendant Department of Veteran Affairs. Motion set for hearing on 7/13/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order, # 2 Proof of Service by Mailing) (Chen, Margaret) (Entered: 05/15/2020)
2020-05-2130RESPONSE TO DEFENDANT MOTION TO DISMISS 29 filed by Plaintiff Rashid El Malik. (bm) (Entered: 05/26/2020)
2020-06-2931REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case (First Amended Complaint); Memorandum of Points and Authorities 29 filed by Defendant Department of Veteran Affairs. (Attachments: # 1 Proof of Service)(Chen, Margaret) (Entered: 06/29/2020)
2020-07-0832MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez: The Court GRANTS the motion to dismiss the FAC in its entirety 29 . The Court DISMISSES the claims for lack of jurisdiction and without prejudice. This order closes the case. See document for details. ( MD JS-6. Case Terminated ) (smo) (Entered: 07/08/2020)
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by FOIA Project Staff
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